2020 Analysis of Workers' Compensation Laws - 111

Chart XI-Administration: Notice to Employer and Claims, cont.

2020 Analysis of Workers' Compensation Laws | 111

Jurisdiction

Administration

British
Columbia

WorksafeBC

Manitoba

Notice to
Employer

Claim Filing

How Claims Are Settled

Award Effect

Review by Agency

Modifications

As soon as
practicable

Within one year after
injury, death, or disability
from occupational disease.
Within three years if special
circumstances precluded
application within one year
(§55 & RSCM 93.21). In
circumstances where an
application is accepted after
three years, compensation is
payable only from the date
of filing.

By adjudicator

Fund pays award.

Board may reconsider if
more than 75 days have
not elapsed since decision
was made and if matter
has not been appealed to
Review Division or Workers'
Compensation Appeal
Tribunal. [§96(5)]

By Revision Division and Fees for lawyers or advocates
Workers' Compensation may not be paid by board.
Appeal Tribunal 
(RSCM 100.72) Governmentappointed advisors may
provide free assistance to
injured workers and employers
to resolve claims issues.

Workers'
Compensation
Board (WCB)

In writing
as soon as
practicable
but no later
than 30 days;
excusable

Within 12 months after
injury or death; excusable.

By claims adjudicator, case
manager

Fund pays award.

At any time

By the WCB, Appeal
Commission

Government-appointed
advisors provide free services
to injured workers and their
surviving dependents on WCB
claim matters.42

New
Brunswick

WorkSafeNB

As soon as
practicable
after accident
and before
worker has
voluntarily left
employment in
which injured

Within one year after injury
or in the case of death
within six months of injury;
WorkSafeNB may extend the
time period if the delay is
justified.

By claims adjudicator, case
manager, or LTD coordinator.

Fund pays award.

At any time

At any time by
WorkSafeNB based on
evidence, or by Court
of Appeals Tribunal, or
Court of Appeals

None at Appeals Tribunal;
determined by the court at
Court of Appeals.

Newfoundland and
Labrador

WorkplaceNL

As soon as
practicable

Within three months after
injury or within six months
of death

Intake Adjudicator determines
initial entitlement. Case
Manager determines ongoing
entitlement after initial
adjudication decision is
completed.

Fund pays award.

At any time

Appeal of
WorkplaceNL's final
decision goes to the
Workplace Health
Safety & Compensation
Review Division

Free assistance of governmentappointed workers' advisors
available to clients. Fees paid
by accident fund.

Workers'
Northwest
Safety and
Territories
and Nunavut Compensation

As soon as
practicable

No person is entitled to
compensation unless his
or her claim is made to the
Commission within one year
after the day the personal
injury, disease, or death
occurs. Commission shall
grant an exception to the
limit if it considers that
there is a justified reason
for the delay. After injury or
death; excusable as soon as
practicable; maximum three
years after death.

By adjudicator or case manager

Fund pays award.

At any time

By Commission
Review Committee or
Governance Council

Free assistance of worker
advisor. Do not pay attorney
fees.

Commission

WorkSafeNB reviews the
initial determination of the
injured worker's average
earnings 12 weeks after
entitlement to compensation
benefits began.

Attorney's Fees
2020 Analysis of Workers' Compensation Laws

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